SIERRA v. TIMES APPLIANCES CO., INC.


7 A.D.2d 898 (1959)

Charles Sierra, an Infant, by Luisa Sierra, His Guardian ad Litem, et al., Appellants, v. Times Appliances Company, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

February 3, 1959


Judgment unanimously reversed on the law and on the facts and a new trial ordered, with costs to abide the event.

The original erroneous charge of the court that the jury might attribute negligence of the mother or grandfather to the infant plaintiff, although corrected after the jury had been deliberating, may have overcast the jury's consideration of damage adversely to the infant plaintiff in making an award of $5,000 to the infant; and this, together with the...

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